Last Updated on November 12, 2022 by Tayyaba Khan
Consent Orders work just like court orders. As long as the order is properly drafted, it will be enforceable like any other court order. Thus, if it is breached or someone fails to comply with it, then the non-defaulting party may file a petition with the court to enforce the Consent Order. For non-compliance with court orders, a court can impose penalties. Family law courts often aim to see Consent Orders adhered to rather than imposing penalties on parties who fail to do so. Non-complying parties are frequently required to attend and complete parenting courses, which result in consent orders never being violated again.
Nevertheless, if an Order is consistently violated, the court has a number of other punitive powers that it can exercise. When court orders arise out of an agreement between parties, parties typically comply with them in circumstances where they result from a consent order. When both parties have a consent order, they can rest assured that it will be reliable and enforceable if need be, although they often don’t need to be enforced. In addition, they ensure that each party knows clearly what needs to be done, minimizing the possibility of disagreements between them.
Can you tell me how long it takes for Family Court consent orders to be processed?
In terms of timing, there are no hard and fast rules or guarantees, but we generally suggest to people that it takes approximately 28 days from the date your documents are lodged with the Family Court until the Consent Orders are made and made available to you. Nowadays, court orders are typically available online and can be downloaded with the court seal on them, so they can be forwarded to relevant organizations, such as conveyancers handling property transfers or schools that need or prefer to register family court orders.
You can ask the court, at the time of filing your application, for the matter to be handled urgently, although the circumstances under which the court will review your case urgently are very limited.
The timeframes do differ significantly depending on where your documents are filed and when they are filed. There are times when consent orders can be made in about two weeks, and other times when it can take up to eight weeks.
When your matter is requisitioned by the court and you have to submit further material or answer questions in a Consent Order in order to determine it, this can delay the process as you will have to submit additional or amended material to address the requisition. The matter may then be adjourned for a further 28 days.